THE NAVY ACT, 1957

Sun Feb 27 2022 | Property Related | Comments (0)

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Year : 1957

ACT NO. 62 OF 1957 1*

[27th December, 1957]


An Act to consolidate and amend the law relating to the Government of the Indian Navy.

BE it enacted by Parliament in the Eighth Year of the Republic of
India as follows:-

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1 This Act has been extended to Goa. Daman and Diu with modifications by Reg. 12 of 1962, s. 3 and Sch. and comes into, force in Pondicherry vide Reg. 7 of 1963. s. 3 and Sch. I (w.e.f. 1-10-1963)and brought into force in Dadra and Nagar Heveli by Reg. 6 of 1963, s. 2 and Sch. I (w.e.f. 1-7-1965).

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CHAPTER I

PRELIMINARY

Section -1 Short title and commencement.


(1) This Act may be called the Navy Act, 1957.

(2) It shall come into force on such date 1* as the Central
Government may, by notification in the Official Gazette, appoint.

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1 1st January, 1958, vide Notification No. S.R.O. 11E, dated the
31st December, 1957, see Gazette of India. Extraordinary, 1958, Pt.II, Sec. 4, p. 81.

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Section -2 Persons subject to naval law.

(1) The following persons shall be subject to naval law wherever they may be, namely:-

(a) Every person belonging to the Indian Navy during the time that he is liable for service under this Act;

(b) Every person belonging to the Indian Naval Reserve
Forces when he is-

(i) On active service ; or

(ii) In or on any property of the naval service including naval establishments, ships and other vessels, aircraft, vehicles and armouries ; or

(iii) Called up for training or undergoing training in pursuance of regulations made under this Act, until he is duly released from his training ; or

(iv) Called up into actual service in the Indian Navy in pursuance of regulations made under this Act, until he is duly released therefrom; or

(v) In uniform;

(c) Members of the regular Army and the Air Force when embarked on board any ship or aircraft of the Indian Navy, to such extent and subject to such conditions as may be prescribed;


(d) Every person not otherwise subject to naval law, who enters into an engagement with the Central Government under section 6;

(e) Every person belonging to any auxiliary forces raised under this Act, to such extent and subject to such conditions as may be prescribed; and

(f) Every person who, although he would not otherwise be subject to naval law, is by any other Act or during active service by regulations made under this Act in this behalf made subject to naval law, to such extent and subject to such conditions as may be prescribed.

(2) The following persons shall be deemed to be persons subject to naval law, namely:-

(a) Every person ordered to be received, or being a passenger, on board any ship or aircraft of the Indian Navy, to such extent and subject to such conditions as may be prescribed ;

(b) Every person sentenced under this Act to imprisonment or detention, during, the term of his sentence, notwithstanding that he is discharged or dismissed with or without disgrace from the naval service or would otherwise but for this provision cease to be subject to naval law.


Section -3 Definitions.

In this Act, unless the context otherwise requires,-

(1) "Active service" means service or duty-

(a) During the period of operation of a Proclamation of Emergency issued under clause (1) of article 352 of the Constitution ; or

(b) During any period declared by the Central
Government by notification in the Official Gazette as a period of active service with reference to any area in which any person or class of persons subject to naval law may be serving;

(2) "Chief of the Naval Staff" means the flag officer appointed by the President as Chief of the Naval Staff or in his absence on leave or otherwise an officer appointed by the Central Government to officiate as such or in the absence of such officiating appointment the officer on whom the command devolves in accordance with regulations made under this Act;

(3) " Civil offence " means an offence triable by a court of ordinary criminal jurisdiction in India ;

(4) " Civil prison " means any jail or place used for the detention of any criminal prisoner under the Prisons Act,1894 (5 of 1894), or under any other law for the time being in force-,

(5) " Commissioned officer " means a person holding a commission from the President in the Indian Navy or the Indian Naval Reserve Forces ;

(6) " Court-martial " means a court-martial constituted under this Act ;

(7) " Enemy " includes all armed rebels, armed mutineers, armed rioters and pirates and any person in arms against whom it is the duty of any person subject to naval law to act ;

(8) " Flag officer " means an officer of the rank of Admiral of the Fleet, Admiral, Vice-Admiral or Rear-Admiral;

(9) " Indian Naval Reserve Forces " mean the naval reserve forces raised and maintained by the Central Government;

(10) "Indian Navy" means the regular naval forces raised and maintained by the Central Government;

(11) "Indian waters", for the purposes of sections 31, 97.and 99, means the seas extending from the shores of India to such limits as may be prescribed ;

(12) " Naval custody " means the READ MORE

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